He thought it was romance … She believed it was sexual harassment … Sal Vasta gets to work on law firm principal’s over-wrought advances … $170,000 awarded to female solicitor trapped at Bangalow law shop with predatory pest … The perils of trying to stop smoking … Janek Drevikovsky reports
Sal decided the case with characteristic moral fire and a dearth of authorities. His finding came hard on the heels of the IBA report on bullying and sexual harassment by lawyers.
The complaint against Hughes was of sexual harassment under s.28B of the Sex Discrimination Act. Sal gives an exhaustive account of the facts which, along with long quotes from emails, takes up two-thirds of the judgment.
After a divorce, Catherine Hill moved to northern NSW and studied law. She was admitted in 2015, and started paralegal work at Hughes’ small firm in Bangalow, just north of Lismore.
Hughes, as Sal describes him, was a “lonely man looking for a relationship”. He was in contact with a Ukrainian woman, offering to bring her out to Australia, but pretty soon he only had eyes only for Ms Hill.
He offered to train her as a solicitor and within months told her his “feelings towards [her] have grown”. Then the emails started. They were wheedling and relentless with alluring come-one such as, “you know a lot of relationship started [sic] in the work environment”.
Hill was in a family law dispute with her ex-husband and Hughes offered to represent her at a mediation in Sydney. She agreed to this but Hughes suggested they could stay at a good hotel in the city – a kind of romantic getaway.
Hill declined the hotel invitation and instead they stayed with Hughes’ brother.
Hughes opted to sleep on the veranda, letting Hill take the guest room. But at bedtime, Hill walked into her room to find her employer sprawled on the bed, wearing only his boxers. She asked him to leave, which he did – but only after requiring Hill to give him a hug.
The following morning, when she came back from the shower again he was half-naked on her bed. She fled from the room.
The mediation did not go well. Afterwards, Hill told Hughes his behaviour was inappropriate and that she did not want a relationship.
He didn’t get the message and over the next few months he ramped up the intensity of his creepy correspondence, sometimes sending dozens of emails in a single day.
First there was tender hope:
“You inspire me in the hope that you will kiss me … you would be blessed with the huge passion and love only a Scorpio Ox can give.”
Then delusions:
“You know you were romantically interested in me.”
Followed by terrible French:
“J’attend pour toi … It depends on l’elephant d’amour de moi a toi et toil ici je sera … [sic].”
All this time, Hill continued to work at Beesley & Hughes. She was under extreme stress, constantly rebuffing Hughes’ advances and terrified of losing her job.
By late 2015, he knew he’d overstepped, and sent an unusually formal email:
“CATHERINE,
I have been very careful not to harass you … At the end of the day if you are going to do a complaint against me then I will defend it … I have tried my best with training and will continue to do so as long as you assure me you will not make a complaint or sue me.”
Even so, the situation did not improve. Hill started seeing a psychologist while Hughes was sending vague threats, like “the future is a world where you cannot run or hide.”
His messages became increasingly bizarre:
“I am the sleek kangaroo in my office and you are my Welsh Dragon or should I say my New South Welsh dragon!”
By mid-2016, Hill was pretending she had a boyfriend living overseas. Hughes responded by cutting her work hours down to two days a week. She resigned soon after.
Hill claimed that Hughes’ conduct amounted to sexual harassment or, in terms of the legislation, that he made unwanted sexual advances in circumstances where a reasonable person would have anticipated the possibility Hill would have been offended.
Hughes said there was a difference between a sexual advance and an attempt at romance, and his behaviour was an example of the latter.
He also insisted that Hill had reciprocated, that she was “coquettish” and often wore alluring dresses. He also explained his behaviour as a side-effect of the anti-smoking drug champix.
Sal rejected Hughes’ evidence, finding the statute did not distinguish between sexual advances and romantic love (some case law on this point would have been nice).
Hughes’ relentless declarations of love, along with forced hugs and half-naked displays, amounted to a sexual advance.
The applicant constantly rebuffed these advances, which showed they were unwanted. In the circumstances, there was a clear possibility Hill would be offended by Hughes’ behaviour. She was his junior employee and he was also acting for her, knowing she suffered from anxiety.
On these grounds, Sal made a finding of sexual harassment.
The judge awarded damages under s.46PO of the Australian Human Rights Commission Act. Two medical professionals testified that Hill had developed an adjustment disorder and depression as a result of Hughes’ behaviour. For this psychiatric injury Vasta J awarded $120,000.
And he managed it all while citing only two cases!